Moody v. Richards
Oregon Supreme Court
From Wasco: W. L. Bradshaw, Judge. This is an action brought to recover money alleged to be due on the breach of a contract.
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From Wasco: W. L. Bradshaw, Judge. This is an action brought to recover money alleged to be due on the breach of a contract. The substance of plaintiff’s complaint is that he advanced to the defendant four hundred and thirty-nine dollars and eighty cents on account of the delivery of eighteen thousand seven hundred and fifty-two pounds of number one wheat at forty-six cents, and thirty-nine thousand four hundred and sixty-one pounds at forty-five cents per bushel, under an agreement that the wheat should be graded when shipped to Portland, Oregon, and that if there classed as an inferior…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The court having failed to find that the defendant agreed or promised to repay the difference between the values of “number one” wheat and the quality so delivered and graded, counsel for the defendant contend that the findings do not support the judgment; while plaintiff’s counsel insist that no request having been made for more specific findings, the judgment is not subject to review on appeal. The right to a trial by jury may be waived by the *285parties to an action, and the issue of fact tried by the court, which must state the facts found, and such findings…
2Cases cited11 opinions
- Noland v. BullOregon Supreme Court · 1893
- Hicklin v. McClearOregon Supreme Court · 1889
- Umatilla Irrigation Co. v. BarnhartOregon Supreme Court · 1892
- Pengra v. WheelerOregon Supreme Court · 1893
- Shmit v. DayOregon Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
- Freeman v. TrummerOregon Supreme Court · 1907
- Franklin v. NorthrupOregon Supreme Court · 1923
- Frederick & Nelson v. BardOregon Supreme Court · 1913
24 more not listed; retrieve them via the Exa API.